Mental Capacity

The aim of the Mental Capacity Act is to protect and empower people (aged 16 and above) who may lack the mental capacity to make their own decisions about their care and treatment. Examples of people who may lack capacity include those with dementia; a severe learning disability; a brain injury; a mental health condition. Just because a person has such a condition does not necessarily mean they lack the capacity to make a specific decision. Someone can lack capacity to make some decisions (for example, about complex financial issues) but still have capacity to make other decisions (for example, to decide what to buy in a shop).